新媒体环境下律师网络言行的生成逻辑与规范治理

Generation Logic and Regulation of Lawyers’ Online Words and Deeds in New Media Environment

尽管社会各界都在倡导建立法律职业共同体,但是法律人内部依然存在着等级次序和竞争对抗,尤其是律师与司法公职人员之间的分化与张力、竞争与博弈,常以新媒体叙事的形式呈现在网络公共空间中。相对于传统媒体,新媒体实现了作者与读者的直接沟通与互动,律师在其中更具场域优势。为打破法律职业领域内部的既有权力格局,实现话语秩序的重组,不少律师将新媒体作为竞争法律职业话语权、建构法治代言人形象的舆论场。然而一些律师对新媒体的滥用使得法律职业内部的竞争和博弈无法在特定的规则框架内进行,对司法权力的正常运作、法律人的形象和声誉、诉讼参与人的合法权益等造成不良影响。因此,有必要在保障律师话语权的前提下确立其网络言行的“底线”,实现朝野法律人的“和解”,规避可能产生的法治风险。

Although all sectors of society are advocating the establishment of legal profession community,there are still hierarchical order,competition and confrontation among legal personnel,especially the differentiation and tension,competition and game between lawyers and judicial officials,which are often presented in online public space in the form of new media narration.Compared with traditional media,new media realizes direct communication and interaction between the author and the reader,in which the lawyer has more advantages than in court.In order to break the existing power pattern in the legal profession and reshape discourse order,many lawyers take new media as a pubic platform to compete for the right of speech for their profession and construct the image of legal spokesmen.However,some lawyers’abuse of new media makes the competition and game within the legal profession unable to be carried out within a specific rule framework,which has a negative impact on the normal operation of judicial power,the image and reputation of legal personnel,and the legitimate rights and interests of litigants.Therefore,it is necessary to set a specific bottom line for lawyers’online words and deeds on the premise of guaranteeing their freedom of speech,so as to realize the“reconciliation”between judicial officials and lawyers and avoid possible risks due to excessive regulation.